A.I.S. Cheema, J. - (1.) Both these Civil Revisions Applications have been filed against order dated 30.8.2014, below Exhibit 5 in Wakf Suit No. 47/2014, passed by the Maharashtra Wakf Tribunal, Aurangabad, restraining the Municipal Council, Pathri from doing construction on suit property. Against the orders, the Municipal Council (original defendant No. 1) has filed Civil Revision Application No. 149/2014 while the defendant No. 2 Maharashtra State Board of Wakfs has filed Civil Revision Application No. 183/2014. I will refer to the documents from Civil Revision Application No. 149/2014.
(2.) Before the Wakf Tribunal, the suit has been filed by respondent No. 1 Mohammad Noor as plaintiff against the Municipal Council, arrayed as defendant No. 1 and the Wakf Board, arrayed as defendant No. 2. I will refer to the parties as arrayed in the suit.
(3.) Plaintiff Mohammad Noor has filed the suit with reference to service inam land 1 Hector 46 R, Survey No. 11, at Maliwada, Taluka Pathri as belonging to Wakf namely Masjid Karanja and Graveyard. According to plaintiff, he is one of the Musalli and is interested in the Wakf. Defendant No. 1 Municipal Council, to grab suit property, planned to construct Function/Marriage Hall at the suit property. In 7/12 extract, the property stands on the name of Wakf and it is also recognised in Government gazette. On 27.3.2014, the Municipal Council started digging pits at suit property to construct the Function/Marriage Hall. Plaintiff objected, but the work was not stopped. There is no permission for construction from Wakf Board. The Wakf Board has information about the illegal attempts of the Municipal Council, but is silent, hence the plaintiff filed the suit claiming permanent injunction. In the suit, application exhibit 5 was filed for temporary injunction till disposal of the suit.;